This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention ...
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This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention in the United States as the Convention on Cultural Property Implementation Act (CPIA). It also shows that some art museums lined up with anthropology museums during negotiations over the CPIA—but this does nevertheless have a general relevance. In particular, the chapter describes some of the legal remedies that have been adopted for the protection of the world cultural patrimony, both at the international level and, in greater detail, with regard to the legislation of the United States. The chapter gives an overview of some aspects of current U.S. law regulating international trade in antiquities in the United States. The history of the political struggles and compromises that shaped the U.S. Cultural Property Implementation Act in its present form is recounted. Moreover, the chapter offers some suggestions for possible improvements in the Act. It appears to be that the long-term task for archaeologists must be to sensitize both citizens and politicians to the immense loss to historical patrimony that is being caused by the illicit trade in antiquities.Less

The U.S. Legal Response to the Protection of the World Cultural Heritage

Neil BrodieMorag M. KerselKathryn Walker Tubb

Published in print: 2006-08-01

This chapter provides an historical account of the negotiations that preceded the 1983 implementation of the 1970 United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention in the United States as the Convention on Cultural Property Implementation Act (CPIA). It also shows that some art museums lined up with anthropology museums during negotiations over the CPIA—but this does nevertheless have a general relevance. In particular, the chapter describes some of the legal remedies that have been adopted for the protection of the world cultural patrimony, both at the international level and, in greater detail, with regard to the legislation of the United States. The chapter gives an overview of some aspects of current U.S. law regulating international trade in antiquities in the United States. The history of the political struggles and compromises that shaped the U.S. Cultural Property Implementation Act in its present form is recounted. Moreover, the chapter offers some suggestions for possible improvements in the Act. It appears to be that the long-term task for archaeologists must be to sensitize both citizens and politicians to the immense loss to historical patrimony that is being caused by the illicit trade in antiquities.

This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis ...
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This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis between cultural heritage law and human rights law. The objective is to discuss the role that the human rights associated to culture (cultural rights) may have with respect to dispute prevention and dispute resolution. The second part of the chapter provides a working definition of “international dispute” and an overview of disputants, disputes, and dispute contexts. This survey aims at identifying the variety and complexity of clashes of interests and the substantive legal and political issues typically involved in the disputes arising in the cultural heritage realm.Less

Foundational Issues

Alessandro Chechi

Published in print: 2014-03-13

This chapter consists of two parts. The first part looks at the meanings and the main implications of the concepts of “cultural property” and “cultural heritage”. It then examines the symbiosis between cultural heritage law and human rights law. The objective is to discuss the role that the human rights associated to culture (cultural rights) may have with respect to dispute prevention and dispute resolution. The second part of the chapter provides a working definition of “international dispute” and an overview of disputants, disputes, and dispute contexts. This survey aims at identifying the variety and complexity of clashes of interests and the substantive legal and political issues typically involved in the disputes arising in the cultural heritage realm.

Disputes over works of art and other cultural properties plundered during World War II are driving the elaboration of rules in national arenas and in the private sphere. This chapter examines various ...
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Disputes over works of art and other cultural properties plundered during World War II are driving the elaboration of rules in national arenas and in the private sphere. This chapter examines various instances in which the general norms have been applied to specific problems. It describes these cases as subcycles of normative development. These subcycles have occurred at the level of state-to-state relations and private claims. The efforts of the heirs of plunder victims to recover cultural properties have sometimes induced governments to adjust national policies. Museums have been compelled to re-examine their collections, as well as their procedures for buying, borrowing, or accepting donated works of art. Litigation has led to changes in domestic laws on restitution of Holocaust-era assets.Less

Repercussions of Nazi Plunder: Internalizing International Norms

Wayne Sandholtz

Published in print: 2007-11-29

Disputes over works of art and other cultural properties plundered during World War II are driving the elaboration of rules in national arenas and in the private sphere. This chapter examines various instances in which the general norms have been applied to specific problems. It describes these cases as subcycles of normative development. These subcycles have occurred at the level of state-to-state relations and private claims. The efforts of the heirs of plunder victims to recover cultural properties have sometimes induced governments to adjust national policies. Museums have been compelled to re-examine their collections, as well as their procedures for buying, borrowing, or accepting donated works of art. Litigation has led to changes in domestic laws on restitution of Holocaust-era assets.

One particular passage of Polybius (9.10) has come to play a recurring role in contemporary legal literature and public debate on the law and practice of cultural property protection in time of war. ...
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One particular passage of Polybius (9.10) has come to play a recurring role in contemporary legal literature and public debate on the law and practice of cultural property protection in time of war. This chapter asks whether Polybius has been appropriately cited as an early voice arguing for the protection of ‘art’ and ‘cultural property’ in time of war. More broadly, it looks at some of the similarities and divergences between analogous debates on the issues of spoliation and repatriation in antiquity and the present and, in common with other recent commentators, concludes that religion, not culture, was the dominant theme in antiquity.Less

From Polybius to the Parthenon: Religion, Art, and Plunder

Jonathan Williams

Published in print: 2012-03-08

One particular passage of Polybius (9.10) has come to play a recurring role in contemporary legal literature and public debate on the law and practice of cultural property protection in time of war. This chapter asks whether Polybius has been appropriately cited as an early voice arguing for the protection of ‘art’ and ‘cultural property’ in time of war. More broadly, it looks at some of the similarities and divergences between analogous debates on the issues of spoliation and repatriation in antiquity and the present and, in common with other recent commentators, concludes that religion, not culture, was the dominant theme in antiquity.

This chapter connects the idea of pluralism in the variety of cultural expressions with the plurality of legal orders that may come into play in the enforcement of norms in the protection of cultural ...
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This chapter connects the idea of pluralism in the variety of cultural expressions with the plurality of legal orders that may come into play in the enforcement of norms in the protection of cultural heritage. It shows how different legal orders (domestic and international) and different systems of norms (wartime and peacetime, public, and private) interact one with another at various levels of regulation of cultural property and in the process of enforcement. It emphasizes the importance of cultural property as an international public good, and the role that public and private actors have in contributing to the enforcement of international rules in the protection of art and heritage as a common good of humanity.Less

Plurality and Interaction of Legal Orders in the Enforcement of Cultural Heritage Law

Francesco Francioni

Published in print: 2013-06-06

This chapter connects the idea of pluralism in the variety of cultural expressions with the plurality of legal orders that may come into play in the enforcement of norms in the protection of cultural heritage. It shows how different legal orders (domestic and international) and different systems of norms (wartime and peacetime, public, and private) interact one with another at various levels of regulation of cultural property and in the process of enforcement. It emphasizes the importance of cultural property as an international public good, and the role that public and private actors have in contributing to the enforcement of international rules in the protection of art and heritage as a common good of humanity.

This chapter discusses the state's claim over cultural property found in the sea. It first identifies who, under international and domestic law, can legitimately claim rights with respect to cultural ...
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This chapter discusses the state's claim over cultural property found in the sea. It first identifies who, under international and domestic law, can legitimately claim rights with respect to cultural objects at sea. It gives special attention to sovereign and property rights of states and private persons over historic shipwrecks. It then attempts to ascertain how domestic courts have so far settled disputes affecting cultural objects at sea, in order to determine whether and to what extent these courts have enforced international provisions concerning the protection of underwater cultural heritage.Less

The Enforcement of Underwater Cultural Heritage by Courts

Patrizia Vigni

Published in print: 2013-06-06

This chapter discusses the state's claim over cultural property found in the sea. It first identifies who, under international and domestic law, can legitimately claim rights with respect to cultural objects at sea. It gives special attention to sovereign and property rights of states and private persons over historic shipwrecks. It then attempts to ascertain how domestic courts have so far settled disputes affecting cultural objects at sea, in order to determine whether and to what extent these courts have enforced international provisions concerning the protection of underwater cultural heritage.

This chapter describes how three types of illegal conduct are dealt with in civil and criminal cases: the looting of cultural objects from sites in which they are buried or concealed; the theft of ...
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This chapter describes how three types of illegal conduct are dealt with in civil and criminal cases: the looting of cultural objects from sites in which they are buried or concealed; the theft of such objects from their owners; and the smuggling of such objects across international boundaries in violation of export laws. It discusses the extent to which domestic courts can provide protection, given the complexities of international and domestic law. It argues that civil suits for the recovery of cultural objects are playing a declining role due to the difficulties of bringing such actions. Criminal suits have been ineffective because of the insufficient effort of law enforcement due in part to a lack of resources, and in part to the relatively low priority that governments have assigned to cultural objects.Less

Enforcement by Domestic Courts : Criminal Law and Forfeiture in the Recovery of Cultural Objects

Patty Gerstenblith

Published in print: 2013-06-06

This chapter describes how three types of illegal conduct are dealt with in civil and criminal cases: the looting of cultural objects from sites in which they are buried or concealed; the theft of such objects from their owners; and the smuggling of such objects across international boundaries in violation of export laws. It discusses the extent to which domestic courts can provide protection, given the complexities of international and domestic law. It argues that civil suits for the recovery of cultural objects are playing a declining role due to the difficulties of bringing such actions. Criminal suits have been ineffective because of the insufficient effort of law enforcement due in part to a lack of resources, and in part to the relatively low priority that governments have assigned to cultural objects.

This chapter describes the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, which was drafted with this aim in mind, particularly its First Protocol, ...
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This chapter describes the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, which was drafted with this aim in mind, particularly its First Protocol, which places an obligation on States Parties not to remove cultural objects from territories occupied during wartime, and the 1999 Second Protocol, which extends this obligation to Parties engaged in civil war, and establishes that violations of the Convention are criminal offenses and provides rules for the prosecution of offenders. United Nations Educational, Scientific, and Cultural Organization (UNESCO)'s assistance to Iraq was limited by the United Nations' Sanctions Committee, which did not allow the dispatch of chemicals, photographic paper, and other supplies to enable reconstitution of the inventories. The situation in Iraq is all the more tragic in that it follows the hemorrhage of cultural materials set in motion by the armed intervention of 1991. The value of the Hague Convention over the last fifty years is evaluated.Less

Protecting Cultural Heritage in Conflict

Neil BrodieMorag M. KerselKathryn Walker Tubb

Published in print: 2006-08-01

This chapter describes the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, which was drafted with this aim in mind, particularly its First Protocol, which places an obligation on States Parties not to remove cultural objects from territories occupied during wartime, and the 1999 Second Protocol, which extends this obligation to Parties engaged in civil war, and establishes that violations of the Convention are criminal offenses and provides rules for the prosecution of offenders. United Nations Educational, Scientific, and Cultural Organization (UNESCO)'s assistance to Iraq was limited by the United Nations' Sanctions Committee, which did not allow the dispatch of chemicals, photographic paper, and other supplies to enable reconstitution of the inventories. The situation in Iraq is all the more tragic in that it follows the hemorrhage of cultural materials set in motion by the armed intervention of 1991. The value of the Hague Convention over the last fifty years is evaluated.

This chapter argues that it is not property that should determine personhood or peoplehood, but the other way round. It explores how the emergence of biocultural rights asks for a fundamental rethink ...
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This chapter argues that it is not property that should determine personhood or peoplehood, but the other way round. It explores how the emergence of biocultural rights asks for a fundamental rethink of property jurisprudence itself. It notes that the very notion of personhood, and hence the juridical subject in liberal democracies, is based on an assumption that a right to property is integral to what we understand as a person. The chapter seeks to answer the question regarding the moral limits of commodification. The chapter also attempts to clarify what our understanding of personhood or ‘human flourishing’ should be, to enable us to distinguish between personal property that should not be commodified and fungible property that can be.Less

Rethinking Property : A Biocultural Approach

Sanjay Kabir Bavikatte

Published in print: 2014-06-01

This chapter argues that it is not property that should determine personhood or peoplehood, but the other way round. It explores how the emergence of biocultural rights asks for a fundamental rethink of property jurisprudence itself. It notes that the very notion of personhood, and hence the juridical subject in liberal democracies, is based on an assumption that a right to property is integral to what we understand as a person. The chapter seeks to answer the question regarding the moral limits of commodification. The chapter also attempts to clarify what our understanding of personhood or ‘human flourishing’ should be, to enable us to distinguish between personal property that should not be commodified and fungible property that can be.

Nations have enacted laws to protect their cultural heritage against export. However, when objects are exported in violation of those laws, a nation faces two major legal obstacles to seeking their ...
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Nations have enacted laws to protect their cultural heritage against export. However, when objects are exported in violation of those laws, a nation faces two major legal obstacles to seeking their return. One is the proposition that the export laws of one nation will not be enforced in the courts of another. The other is that a government cannot repatriate an object without proving that it owns it in the same way as a private owner, having a right to possess and use it as he chooses. This chapter argues that both of these propositions are bad law, and that courts should disregard them.Less

The Enforcement of Foreign Law : Reclaiming One Nation’s Cultural Heritage in Another Nation’s Courts

James Gordley

Published in print: 2013-06-06

Nations have enacted laws to protect their cultural heritage against export. However, when objects are exported in violation of those laws, a nation faces two major legal obstacles to seeking their return. One is the proposition that the export laws of one nation will not be enforced in the courts of another. The other is that a government cannot repatriate an object without proving that it owns it in the same way as a private owner, having a right to possess and use it as he chooses. This chapter argues that both of these propositions are bad law, and that courts should disregard them.

This chapter is divided into three parts covering, respectively, conflicts in the fields of property, marital property, and successions. The part on property begins with a discussion of the ...
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This chapter is divided into three parts covering, respectively, conflicts in the fields of property, marital property, and successions. The part on property begins with a discussion of the distinction between immovables and movables and the dominance of the situs rule in cases involving immovables. It concludes with an extensive discussion of conflicts involving cultural property, such as stolen antiquities and artwork. The marital property part covers problems arising when spouses domiciled in a separate property state move to a community property state, or vice versa, or when they live in one state and acquire immovable property in the other state. The part on successions covers both testate and intestate succession.Less

Property, Marital Property, and Successions

Symeon C. Symeonides

Published in print: 2016-05-01

This chapter is divided into three parts covering, respectively, conflicts in the fields of property, marital property, and successions. The part on property begins with a discussion of the distinction between immovables and movables and the dominance of the situs rule in cases involving immovables. It concludes with an extensive discussion of conflicts involving cultural property, such as stolen antiquities and artwork. The marital property part covers problems arising when spouses domiciled in a separate property state move to a community property state, or vice versa, or when they live in one state and acquire immovable property in the other state. The part on successions covers both testate and intestate succession.

The conclusion summarizes the profound impact of the evolution of the concept of cultural heritage in international law on the practice of state succession. It argues that the outcome of this process ...
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The conclusion summarizes the profound impact of the evolution of the concept of cultural heritage in international law on the practice of state succession. It argues that the outcome of this process has been observed within three distinctive aspects of succession of states: succession to immovable and movable state cultural property, comprising state archives of major cultural importance; state succession to international cultural heritage obligations and rights, including those arising from an internationally wrongful act against cultural heritage; and the resolution of disputes relating to state succession to state cultural property. The final conclusion also offers a set of postulates de lege ferenda in relation to best practices/standards in dealing with cultural heritage disputes in state succession.Less

Conclusion

Andrzej Jakubowski

Published in print: 2015-06-01

The conclusion summarizes the profound impact of the evolution of the concept of cultural heritage in international law on the practice of state succession. It argues that the outcome of this process has been observed within three distinctive aspects of succession of states: succession to immovable and movable state cultural property, comprising state archives of major cultural importance; state succession to international cultural heritage obligations and rights, including those arising from an internationally wrongful act against cultural heritage; and the resolution of disputes relating to state succession to state cultural property. The final conclusion also offers a set of postulates de lege ferenda in relation to best practices/standards in dealing with cultural heritage disputes in state succession.

This chapter considers claims about culture loss at hearings of the Nuclear Claims Tribunal in the Marshall Islands, including the impact of nuclear weapons testing on the people of Rongelap Atoll. ...
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This chapter considers claims about culture loss at hearings of the Nuclear Claims Tribunal in the Marshall Islands, including the impact of nuclear weapons testing on the people of Rongelap Atoll. The concept of cultural property is used to identify the referents of discourse about culture loss, including local knowledge, subsistence production, and connections to place. For example, the absence of breadfruit and pandanus trees on the atolls where the people from Rongelap were relocated prevented them from teaching subsequent generations how to build their distinctive sailing canoes, contributing to the decline of long-distance voyaging and the loss of knowledge about navigation by the stars and wave patterns. These discussions have been taken up by international debates about noneconomic loss and damage resulting from climate change, a matter of considerable significance for the people living in the Marshall Islands, given their double exposure to both nuclear radiation and rising sea levels. Less

How Analysis of Local Contexts Can Have Global Significance : Double Exposure in the Marshall Islands

Stuart Kirsch

Published in print: 2018-03-30

This chapter considers claims about culture loss at hearings of the Nuclear Claims Tribunal in the Marshall Islands, including the impact of nuclear weapons testing on the people of Rongelap Atoll. The concept of cultural property is used to identify the referents of discourse about culture loss, including local knowledge, subsistence production, and connections to place. For example, the absence of breadfruit and pandanus trees on the atolls where the people from Rongelap were relocated prevented them from teaching subsequent generations how to build their distinctive sailing canoes, contributing to the decline of long-distance voyaging and the loss of knowledge about navigation by the stars and wave patterns. These discussions have been taken up by international debates about noneconomic loss and damage resulting from climate change, a matter of considerable significance for the people living in the Marshall Islands, given their double exposure to both nuclear radiation and rising sea levels.

This chapter examines neoliberal transformations in contemporary Aotearoa New Zealand as they reinvent the previous century’s touristic technologies of branding, spatial management, conduct, ...
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This chapter examines neoliberal transformations in contemporary Aotearoa New Zealand as they reinvent the previous century’s touristic technologies of branding, spatial management, conduct, whiteness, and the traffic in Māori cultural property. The discussion begins with an overview of cultural policy in Aotearoa New Zealand over the last decade before shifting to The Tourism Edge, a twenty-minute promotional documentary produced by Tourism New Zealand’s Māori development team in 2005, the chapter considers the state’s efforts that promise not only to transform ethnic tourism but also to inflect all the nation’s tourism with indigenous values. It also analyzes Māori response to pressures to detach indigeneity from race and to sanitize and depoliticize ethnic life, and how the persistence of older tourism performance idioms seems to provide Māori with a space of refuge from the state’s new demands on cultural citizenship.Less

Tracking Race: Policy, Property, and Racial Reformation in the Tourist State

Margaret Werry

Published in print: 2011-11-24

This chapter examines neoliberal transformations in contemporary Aotearoa New Zealand as they reinvent the previous century’s touristic technologies of branding, spatial management, conduct, whiteness, and the traffic in Māori cultural property. The discussion begins with an overview of cultural policy in Aotearoa New Zealand over the last decade before shifting to The Tourism Edge, a twenty-minute promotional documentary produced by Tourism New Zealand’s Māori development team in 2005, the chapter considers the state’s efforts that promise not only to transform ethnic tourism but also to inflect all the nation’s tourism with indigenous values. It also analyzes Māori response to pressures to detach indigeneity from race and to sanitize and depoliticize ethnic life, and how the persistence of older tourism performance idioms seems to provide Māori with a space of refuge from the state’s new demands on cultural citizenship.

The book Huckleberry Finn was written to challenge dominant common places of American literary study and education. This deals with the development of the book's perspectives for an international ...
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The book Huckleberry Finn was written to challenge dominant common places of American literary study and education. This deals with the development of the book's perspectives for an international interdisciplinary discussion concerning the relationships between “cultural property” and “national and ethnic identity.” Writing for an interdisciplinary and global audience makes the author want to be certain that we hold in common a few fundamental facts about Huckleberry Finn as a cultural object in the United States. This part also answers the question why did Huckleberry Finn become the most widely taught American book, in schools at all levels despite the fact that not all cultural authorities participate in hyper canonization or idolatry.Less

The Birth of Huck's Nation

Jonathan Arac

Published in print: 2010-11-12

The book Huckleberry Finn was written to challenge dominant common places of American literary study and education. This deals with the development of the book's perspectives for an international interdisciplinary discussion concerning the relationships between “cultural property” and “national and ethnic identity.” Writing for an interdisciplinary and global audience makes the author want to be certain that we hold in common a few fundamental facts about Huckleberry Finn as a cultural object in the United States. This part also answers the question why did Huckleberry Finn become the most widely taught American book, in schools at all levels despite the fact that not all cultural authorities participate in hyper canonization or idolatry.

Both a vision for future scholarship and a slogan for university restructuring, interdisciplinarity promises to break through barriers to address today's complex challenges. Yet even high-stakes ...
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Both a vision for future scholarship and a slogan for university restructuring, interdisciplinarity promises to break through barriers to address today's complex challenges. Yet even high-stakes projects often falter, undone by contradictory incentives, bureaucratic frameworks, communication breakdowns, and the strong feelings raised by urgent social debates. Jumping into collaborative research without preparation or ongoing attention, researchers often fall back on disciplinary habits and raise disciplinary defenses. Above all, there is never enough time. Born of six years' experience in the Göttingen Interdisciplinary Working Group on Cultural Property, this book examines social research as social process, identifying characteristic challenges of funded interdisciplinary projects: the clash of positivist, interpretivist, and normative approaches, the hierarchies and personalities among researchers, and the interaction of academic knowledge work with the common sense of social problems. While calling for reforms in research policy and administration, the book's immediate goal is to help researchers make the most of existing conditions. Drawing on economistic models of exchange and anthropological accounts of play and ritual, six chapters trace the life cycle of an interdisciplinary project--a temporary community of practice partially removed from everyday academic life--from its initial formulation to closure and aftermath. A seventh chapter provides recommendations for funders, administrators, principal investigators, and junior researchers. Reflexive attention to the research process can shepherd interaction across disciplines and capture insights as they emerge.Less

Sustaining Interdisciplinary Collaboration : A Guide for the Academy

Regina BendixKilian Bizer

Published in print: 2017-04-01

Both a vision for future scholarship and a slogan for university restructuring, interdisciplinarity promises to break through barriers to address today's complex challenges. Yet even high-stakes projects often falter, undone by contradictory incentives, bureaucratic frameworks, communication breakdowns, and the strong feelings raised by urgent social debates. Jumping into collaborative research without preparation or ongoing attention, researchers often fall back on disciplinary habits and raise disciplinary defenses. Above all, there is never enough time. Born of six years' experience in the Göttingen Interdisciplinary Working Group on Cultural Property, this book examines social research as social process, identifying characteristic challenges of funded interdisciplinary projects: the clash of positivist, interpretivist, and normative approaches, the hierarchies and personalities among researchers, and the interaction of academic knowledge work with the common sense of social problems. While calling for reforms in research policy and administration, the book's immediate goal is to help researchers make the most of existing conditions. Drawing on economistic models of exchange and anthropological accounts of play and ritual, six chapters trace the life cycle of an interdisciplinary project--a temporary community of practice partially removed from everyday academic life--from its initial formulation to closure and aftermath. A seventh chapter provides recommendations for funders, administrators, principal investigators, and junior researchers. Reflexive attention to the research process can shepherd interaction across disciplines and capture insights as they emerge.

This chapter examines the role of moral rights as art and artefacts from the world's museums increasingly find their way into virtual spaces. It discusses moral rights based on three issues. First, ...
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This chapter examines the role of moral rights as art and artefacts from the world's museums increasingly find their way into virtual spaces. It discusses moral rights based on three issues. First, it explores how existing moral rights laws affect the virtual transformation of art and artefacts. Second, it considers how moral rights in the visual arts should adapt to the needs of the virtual environment. Third, it describes how the treatment of moral rights in artworks relates to moral rights and cultural artefacts. Finally, it concludes that the ideas of attribution and integrity can make a contribution to the status of artworks and artefacts in the museums of the virtual world.Less

The Virtual Museum : Moral Rights in Art and Artefacts

Mira T. Sundara Rajan

Published in print: 2011-03-03

This chapter examines the role of moral rights as art and artefacts from the world's museums increasingly find their way into virtual spaces. It discusses moral rights based on three issues. First, it explores how existing moral rights laws affect the virtual transformation of art and artefacts. Second, it considers how moral rights in the visual arts should adapt to the needs of the virtual environment. Third, it describes how the treatment of moral rights in artworks relates to moral rights and cultural artefacts. Finally, it concludes that the ideas of attribution and integrity can make a contribution to the status of artworks and artefacts in the museums of the virtual world.

Animating an object (enhancing the power of something one already values or finding a thing one can connect to in such a way) requires patience, imagination, persistence, and commitment. This chapter ...
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Animating an object (enhancing the power of something one already values or finding a thing one can connect to in such a way) requires patience, imagination, persistence, and commitment. This chapter employs everyday and ubiquitous things (instead of attachment to other places, pastimes, or exotic peoples) to invite readers to consider how value is created locally. Property commonly refers to things that are owned or can be possessed by individuals or groups of people. At the same time, any definition of property is easily challenged when cultural prejudices are transcended and things are thought of as extensions of the self. This book attempts to demonstrate how different views of property are dependent on the diverse ways cultures separate people from things. In many societies the distinction between people and things is not hard and fast. To embrace other ways of understanding property it is necessary to experiment with various techniques for relating to objects.Less

Meaning and Property

A. David Napier

Published in print: 2013-12-23

Animating an object (enhancing the power of something one already values or finding a thing one can connect to in such a way) requires patience, imagination, persistence, and commitment. This chapter employs everyday and ubiquitous things (instead of attachment to other places, pastimes, or exotic peoples) to invite readers to consider how value is created locally. Property commonly refers to things that are owned or can be possessed by individuals or groups of people. At the same time, any definition of property is easily challenged when cultural prejudices are transcended and things are thought of as extensions of the self. This book attempts to demonstrate how different views of property are dependent on the diverse ways cultures separate people from things. In many societies the distinction between people and things is not hard and fast. To embrace other ways of understanding property it is necessary to experiment with various techniques for relating to objects.

The research topic shapes the interdisciplinary process. Both institutional and societal incentives favor the funding of research on "hot" problems over more stable, ongoing phenomena. All social ...
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The research topic shapes the interdisciplinary process. Both institutional and societal incentives favor the funding of research on "hot" problems over more stable, ongoing phenomena. All social research addresses social life and language in motion, but problem-based research also mobilizes an array of stakeholders, often coming together around a slogan-concept (such as cultural property) that proposes a solution for an intractable, complex situation. "Mode 2" knowledge networks around hot problems bring an unusual degree of scrutiny to academic work, while heightening the differential stances of researchers and their disciplines, turning the project itself into a hot zone. A remedy lies in setting the team to examine the common sense of the problem and its slogans as a starting point for more focused research.Less

From Cool Phenomena to Hot Problems : Slogans and Stances in the Research Group

Regina F. BendixKilian BizerDorothy Noyes

Published in print: 2017-04-01

The research topic shapes the interdisciplinary process. Both institutional and societal incentives favor the funding of research on "hot" problems over more stable, ongoing phenomena. All social research addresses social life and language in motion, but problem-based research also mobilizes an array of stakeholders, often coming together around a slogan-concept (such as cultural property) that proposes a solution for an intractable, complex situation. "Mode 2" knowledge networks around hot problems bring an unusual degree of scrutiny to academic work, while heightening the differential stances of researchers and their disciplines, turning the project itself into a hot zone. A remedy lies in setting the team to examine the common sense of the problem and its slogans as a starting point for more focused research.

The epilogue closes the volume by considering ways that contemporary Native communities in the region have assumed an activist role and begun to reclaim a greater part in representations of their ...
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The epilogue closes the volume by considering ways that contemporary Native communities in the region have assumed an activist role and begun to reclaim a greater part in representations of their pasts. Virginia and Maryland tribes have achieved state recognition, partnered with federal and state agencies, reburied ancestors, created indigenous archaeology programs, and prevented the destruction of traditional cultural properties by residential development and dam construction. For today’s Native communities in the Chesapeake, the deep history of Tsenacomacoh represents a powerful basis for reaffirming a place on the landscape.Less

Epilogue

Martin D. GallivanVictor D. Thompson

Published in print: 2016-08-09

The epilogue closes the volume by considering ways that contemporary Native communities in the region have assumed an activist role and begun to reclaim a greater part in representations of their pasts. Virginia and Maryland tribes have achieved state recognition, partnered with federal and state agencies, reburied ancestors, created indigenous archaeology programs, and prevented the destruction of traditional cultural properties by residential development and dam construction. For today’s Native communities in the Chesapeake, the deep history of Tsenacomacoh represents a powerful basis for reaffirming a place on the landscape.